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HUFF v. UNITED STATES

No. 17690.

273 F.2d 56 (1959)

Robert Frederick HUFF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 14, 1959.

Attorney(s) appearing for the Case

Joseph A. Calamia, Daniel Y. Garbern, El Paso, Tex., Gerald Weatherly, Laredo, Tex., for appellant.

James E. Hammond, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., Lawrence L. Fuller, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.

RIVES, Chief Judge.

The jury returned a verdict of guilty on two counts charging violations of Section 545, Title 18 United States Code.1 Upon the judgment of conviction on that verdict, the defendant was sentenced to two years' imprisonment on each count, the sentences to run concurrently. This appeal ensued.

The first count was based upon the first paragraph of Section 545, quoted in footnote 1, supra, and charged that on or...

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